20090899 Ver 1_Buffer Determination_20090821

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
August 21, 2009
Mr. Hood Richardson, P.A.
110 West 2nd Street
Washington, NC 27889
Dee Freeman
Secretary
DWQ EXP# 09-0899
Beaufort County
Subject Property: Property Located off VOA Road (SR 1410) and Hwy. 17 north of City of Washington
Drainage to Aggie Run, Gum Swamp Creek, Tar-Pamlico River Basin
On-Site Determination for Applicability to the Tar-Pamlico River Riparian Area Protection Rules (15A
NCAC 2B.0259)-EXPRESS REVIEW PROGRAM
Dear Mr. Richardson:
On August 19, 2009, at your request, I conducted an on-site determination to review drainage features located on the
subject property for applicability to the Tar-Pamlico Buffer Rules (15A NCAC 2B .0259). The feature is labeled as "09-
0899A to 09-089913" on the attached maps initialed by me on August 21, 2009.
The Division of Water Quality (DWQ) has determined that the feature labeled as "09-0899A to 09-0899B" on the
attached maps and highlighted in red is not subject to the Tar-Pamlico Buffer Rule. The subject feature is a ditch
line that runs south along the back property line of Edward G. Ward and Nancy H. Ward (D.B. 810,.90) and crosses
under a gravel roadway. The second feature reviewed is a drainage that has a 25 foot drainage easement and starts at the
southeast corner of the subject property and runs west to the southwest corner of the Ward property (see attached maps).
The two features did not rate as intermittent of perennial streams and are therefore considered ephemeral features and are
not subject to the buffer rules. This on-site determination shall expire five (5) years from the date of this letter. Please
note that although the features did not rate high enough to be a stream the features may be considered to be 404 wetlands.
It is therefore recommended that the Army Corp of Engineers (ACE) be contacted to review the subject features before
any excavation begins.
Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local Authority that a
surface water exists and that it is subject to the buffer rule may request a determination by the Director. A request for a
determination by the Director shall be referred to the Director in writing c/o John Dorney, DWQ Wetlands/401 Unit, 2321
Crabtree Blvd., Raleigh, NC 27604-2260. Individuals that dispute a determination by the DWQ or Delegated Local
Authority that "exempts" a surface water from the buffer rule may ask for an adjudicatory hearing. You must act within
60 days of the date that you receive this letter. Applicants are hereby notified that the 60-day statutory appeal time does
North Carolina Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Phone: [phone] FAX: [phone]
Internet: www rtmaterquality.orq
An Equal Opportunity 1 Affirmative Action Employer
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not start until the affected parry (including downstream and adjacent landowners) is notified of this decision. DWQ
recommends that the applicant conduct this notification in order to be certain that third party appeals are made in a timely
manner. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This
determination is final and binding unless you ask for a hearing within 60 days.
This letter only addresses the applicability to the buffer rules and does not approve any activity within the buffers. Nor
does this letter approve any activity within Waters of the United States or Waters of the State. If you have any additional
questions or require additional information please call Roberto Scheller in the Washington Regional Office at (252) 948-
3940.
Sincerel ,
For Coleen
77
Attachments: Beaufort County Soil Survey map
USGS Old Ford Quad map
Goggle Earth map
Survey Boundary map
cc: DWQ 401/Wetland Express Unit
File Copy
Filename 09-0899
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~UFORT COUNTY. NORTH CAROLINA NO. 2
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